Court Recognizes Mental Harm of ‘5·18 Yugongja’... 47.7 Billion KRW to 1,018 Recipients

Court Recognizes Claim by Honoree... Rejects Claim by Bereaved Family

A ruling has been made recognizing the state's liability to pay consolation damages to the merit recipients who suffered during the May 18 Gwangju Democratization Movement. The court also presented detailed standards for calculating consolation damages.

The Civil Division 46 of the Seoul Central District Court (Presiding Judge Lee Won-seok) ruled on the 8th that the state must pay approximately 47.69 billion KRW in consolation damages to 1,018 merit recipients in a damages claim lawsuit filed by the May 18 Democratization Movement merit recipients and their families against the state.

The court stated, "The amount of consolation damages was determined comprehensively by considering the amounts recognized in similar state compensation claims, the amounts of criminal compensation, the necessity to fulfill the legislative intent of the Act on Compensation for Persons Related to the May 18 Democratization Movement (May 18 Compensation Act) by paying consolation damages omitted in previous compensations, and the degree of damage suffered by each plaintiff."

For the merit recipients themselves, the court calculated consolation damages as 300,000 KRW per day for detention, imprisonment, or incarceration; 5 million KRW for injury without disability; and 400 million KRW for death. In cases of injury resulting in disability, 30 million KRW was awarded, with an additional 15 million KRW added for every 5% increase in loss of labor capacity. If the loss rate is 100%, the amount reaches 315 million KRW. However, if criminal compensation has been received, it will be deducted from the consolation damages.

The court dismissed the consolation damages claims of the bereaved families. However, the heirs of the merit recipients are entitled to receive consolation damages corresponding to their inheritance shares.

Previously, on May 27, 2021, the Constitutional Court ruled that the provision of the May 18 Compensation Act, which prohibited those who received compensation for damages related to the May 18 Democratization Movement from filing damages lawsuits, was unconstitutional.